Impact Of 2017 MCIOA Modifications On Existing Common Interest Communities

For existing communities, the impacts of the 2017 MCIOA revisions are limited but significant. Associations will need to develop a written maintenance plan, schedule and budget consistent with the MCIOA and governing documents. The statute leaves plenty of flexibility for associations of different sizes and needs to develop a plan that is appropriate for the characteristics of their communities. Large, diverse associations may benefit from the assistance of outside vendors to help identify and assess each of the common and limited common elements and to determine the appropriate preventive maintenance schedule and budget.

515B Warranties’ Teeth Upheld by the Minnesota Court of Appeals

by Karli Sharrow
BKSN NewsMinnesotaLegislativeNews

The Minnesota Court of Appeals recently issued an important decision in a construction defect action brought by a condominium homeowners association: 650 North Main Ass’n. v. Frauenshuh, Inc. et al, 2016 WL 4420781 (Minn. App. Aug. 22, 2016) (net yet published in N.W.2d). In its lengthy (19 page) opinion, the court clarified several important legal and procedural aspects of the “515B warranties” given to HOAs and their members by the Minnesota Common Interest Ownership Act (“MCIOA”).